Walton v Guardian Protection Services (Aust) Pty Ltd

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

Walton v Guardian Protection Services (Aust) Pty Ltd [2024] NSWPIC 107

APPLICANT:

Stephen Walton

RESPONDENT:

Guardian Protection Services (Aust) Pty Limited

MEMBER:

Gaius Whiffin

DATE OF DECISION:

7 March 2024

CATCHWORDS:

WORKERS COMPENSATION - Workers Compensation Act 1987; claim for accepted injuries to the cervical spine and both shoulders, together with a disputed consequential condition to the left knee alleged to result from the accepted injuries; claim for compensation pursuant to section 66; consideration of applicant’s statement, medical reports and other treatment records, as well as claim correspondence; consideration of whether the applicant sustained a consequential injury to his left knee resulting from his accepted injuries, during exercise physiology sessions in late 2021/early 2022; Shao Wen Zheng v Guo Yong Yang & Ors, Nguyen v Cosmopolitan Homes, Kumar v Royal Comfort Bedding Pty Ltd, Kooragang Cement Pty Ltd v Bates, Moon v Conmah Pty Limited, Kennedy Cleaning Services Pty Ltd v Petkoska, Trustees of the Society of St Vincent de Paul (NSW) v Maxwell James Kear as administrator of the estate of Anthony John Kear, Galluzzo v Commonwealth Bank of Australia, North Coast Area Health Service v Felstead, Corestaff Australia NSW Pty Limited v Lashbrook, Drca v KAB Seating Systems Pty Ltd, Bindah v Carter Holt Harvey Woodproducts Australia Pty Limited, and Jaffarie v Quality Castings Pty Limited considered; Held – the applicant has sustained a consequential injury to his left knee resulting from his accepted injuries, during exercise physiology sessions in late 2021/early 2022; the determination of the applicant’s whole person impairment will be remitted to the President for referral to a Medical Assessor.

DETERMINATIONS MADE:

The Commission determines:

1.     The applicant has sustained a consequential injury to his left knee resulting from his accepted 22 March 2020 (deemed date) injury, during exercise physiology sessions in late 2021/early 2022.

The Commission orders:

1. I remit this matter to the President for referral to a Medical Assessor pursuant to s 321 of the Workplace Injury Management and Workers Compensation Act 1998 for assessment as follows:

(a)    date of injury: 22 March 2020 (deemed);

(b)    body systems/parts: cervical spine, right upper extremity (shoulder), left upper extremity (shoulder), left lower extremity (knee), and

(c)    method of assessment: whole person impairment.

2.     The documents to be reviewed by the Medical Assessor are:

(a)    this Certificate of Determination;

(b)    the Application to Resolve a Dispute and attached documents, and

(c)    the Reply lodged by the respondent and attached documents.

3.     Following the completion of the medical assessment process, the matter will be listed before me again for a preliminary conference in order to deal with all outstanding disputes in the matter.

STATEMENT OF REASONS

BACKGROUND

1. Stephen Walton (the applicant) is 43-years-old. He was employed by Guardian Protection Services (Aust) Pty Limited (the respondent) as a labourer between November 2018 and December 2020, during which time he sustained injuries to his cervical spine and both shoulders,…